Judicial Writs - Law Dictionary Search Results
Home Dictionary Name: judicial writsJudicial writs
Judicial writs, writs issuing from the court in which proceedings are commenced under its seal, and tested in the name of its chief judge, as distingui-shed from original writs, which issued out of the Court of Chancery....
Judicial documents
Judicial documents, proceedings relating to litiga-tion. They are divided into: (1) judgments, decrees, and verdicts; (2) depositions, examinations, and inquisitions taken in the course of a legal process; (3) writs, warrants, pleadings, etc., which are incident to any judicial proceedings, See 1 Stark. Evid. 252....
Register of writs
Register of writs, an old book in which new forms of original writs were entered. The Register of Writs is said to be the oldest book in the law-a character which may, in a great measure, be true, but should not be allowed without some consideration. It is not more certain than extraordinary that the forms of writs were settled in their substance and language very nearly in the manner in which they were drawn ever after. However, this uniformity was not so exact as that the writs published and used in the reign of Henry VIII. were all of them identically the same with those used at the first origin of this invention, in the reign of Henry II. It is not to be wondered at that there should be a difference in these forms at their infancy, and at this advanced state of our law; but it is remarkable that the difference should be no small, Reeves, 426; Co. Litt. 16 b, 37 b, 159 a....
Sheriff
The chief officer of a shire or county to whom is intrusted the execution of the laws the serving of judicial writs and processes and the preservation of the peace...
De bono et malo, writs
De bono et malo, writs. It was anciently the course to issue special writs of gaol delivery for each particular prisoner which were called writs de bono et malo; but these being found inconvenient or oppressive, a general commission for all the prisoners has long been established in their stead, 4 Steph. Com., 7th Edn. 315....
Prerogative Writs
Prerogative Writs, processes issued upon extra-ordinary occasions on proper cause shown. They are the writs of procedendo, mandamus, prohibition, quo warranto, habeas corpus, and certiorari.Prerogative writs are privileges of an extraordinary kind granted by the court in certain cases, but never as a matter of right; they being a direct intervention of the government with the liberty or property of the subject....
Writs for the election of Members of Parliament
Writs for the election of Members of Parliament. The Speaker of the House of Commons is empowered to issue warrants, during any recess of the House, for making out new writs for the election of persons in the room of members accepting certain offices....
Judicial proceeding
Judicial proceeding, 'Judicial proceeding' includes any proceeding in the course of which evidence is or may be legally taken on oath, Suraj Mall Mohta and Co. v. A.V. Vishwanatha Sastri, AIR 1954 SC 545. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2(i)]Includes any proceeding in the course of which evidence is or may be legally taken on oath. [Code of Criminal Procedure, 1973, s. 2 (i)]The investigation made by the junior Inspector of Mines was not a judicial proceeding, Bhurangya Coal Co. Ltd. v. Sahebjan Mian, AIR 1956 Pat 299 (302). (Evidence Act, 1872, s. 33)Every investigation or proceeding under s. 40 is deemed to be a judicial proceeding by a legal fic-tion embodied in sub-s. (4) of that s. though the proceedings are neither in nor before any court at that stage. But there is no such deeming provision under s. 39 of FERA bringing every investigation or proceeding in its ambit as 'a judicial proceeding' within the meaning of ss. 193 and 228 of the Penal Code, K.T.M.S. Mohd...
Judicial office
Judicial office, Administrative proximity with judicial work was regarded as an excuse good enough to elevate the administrator into a holder of judicial office, State of Haryana v. Haryana Co-operative Transport, AIR 1977 SC 237 (239): (1977) 1 SCC 271.'Judicial office' is used in the proviso; a person holding judicial office being a member of the Judicial Service, or, in short, a judicial officer. In the matter of enrolment of Sri H.P. Chaudhari, AIR 1959 All 472.'Judicial office' subsisting office with a substantive position which has an existence independent from its holder, Shri Kumar Padma Prasad v. Union of India, AIR 1992 SC 1213. [Constitution of India Art 217 (2) (a)]...
Judicial office and Judicial officer
Judicial office and Judicial officer, expression 'Judicial Office' has not been defined under the Constitution, nevertheless, it has to be given meaning in the context of the concept of Judiciary as enshrined in the Constitution of India. The scheme under the Constitution for establishing an independent judiciary is very clear. Article 236(b) defines 'judicial service' to mean district Judges and Judges subordinate thereto. Holder of 'judicial office' under Article 217(2)(a) means the person who exercises only judicial functions, determines causes inter-partes and renders decisions in a judicial capacity, Kumar Padma Prasad v. Union of India, AIR 1992 SC 1213: (1992) 2 SCC 428....
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